T.RAMESH Vs. E.PURUSHOTHAMAN

JUDGEMENT

(1.) This revision challenges the order dtd. 5/6/2024 passed by the learned Principal Subordinate Judge, Kancheepuram dismissing the execution petition in E.P.No.84 of 2020 filed by the petitioner thereby refusing to enforce the order passed in Tr.O.P.No.07 of 2008 on the file of the learned Principal Subordinate Judge, Kancheepuram, Kancheepuram District.

(2.) The brief facts leading to the filing of the present revision petition are as follows: The petitioner had executed a simple mortgage in favour of the respondent for Rs.2,00,000.00 on 11/11/2005 which was registered under Doc.No.3261 of 2005. It was agreed by the petitioner under the mortgage deed to repay the said mortgage amount with interest @ 18.5 per annum. It was further agreed by the petitioner to repay the amount within a period of two years. After the period of two years, the petitioner requested the respondent to receive the mortgage amount and return the document. However, the same has not been acceded to by the respondent, which resulted in issuing a legal notice by the petitioner through his counsel on 12/12/2007.

(3.) Despite such legal notice, the respondent has not received the amount. Therefore, the petitioner filed an original petition in Tr.O.P.No.07 of 2008 on the file of the learned Principal Subordinate Judge, Kancheepuram, invoking Sec. 83 of the Transfer of Property Act, 1882, seeking the following reliefs: